HomeMy WebLinkAbout2024-12-10 FY2026 Proposed Departmental Budget Presentations Packet - Released
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OWN OF EXINGTON
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LANNING FFICE
LPB
EXINGTON LANNING OARD
1625MA,L,MA
ASSACHUSETTS VENUE EXINGTON
MPB:
EMBERS OF THE LANNING OARD
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ICHAEL CHANBACHER HAIR OBERT REECH ICE HAIR
MT,C,C,RD.P,
ELANIE HOMPSON LERK HARLES HORNIG OBERT ETERS
ML,AM
ICHAEL EON SSOCIATE EMBER
DECISION OF THE LEXINGTON PLANNING BOARD
MAJOR SITE PLAN REVIEW, SPECIAL PERMIT, & STORMWATER PERMIT
5 & 7 PIPER ROAD
Map 10, Lots 58A & 59A
October 9, 2024
APPLICANT:
Philip Porter
Morgan Point, LLC
1337 Massachusetts Avenue, Suite 154
Arlington, MA 02476
PROPERTY
Morgan Point LLC
OWNER(S)
14 Banks Avenue
Lexington, MA 02421
PROPERTY
5 & 7 Piper Road
LOCUS:
Lexington, MA 02420
APPLICATION
Filed with the Town Clerk on April 22, 2024
DATE:
PUBLIC HEARING
Notice of public hearing published in the Lexington Minuteman newspaper on
INFORMATION:
May 2 and May 9, 2024 and on September 5 and September 12, 2024.
Notice of public hearing posted by the Town Clerk on April 23, 2024 and August
26, 2024.
Public hearing was held on May 22, 2024, continued hearings were held on August
14, 2024, and September 25, 2024. The continued hearing on June 26 was further
continued without discussion.
PROJECT SUMMARY & DESCRIPTION
The Planning Board held public hearings to review the application of Morgan Point, LLC for Major Site
Plan Review pursuant to §135-7.5 (Village and Multi-Family Overlay Districts), §135-9.5 (Site Plan
Major Site Plan Review Village Overlay District
5 & Piper Road
October 9, 2024
Page 1 of 18
Review), and a Special Permit pursuant to §135-5.1.14 (Off-Street Parking Design Standards) of the
Zoning Bylaw. The application also incorporates a stormwater management review pursuant to §181-71
of the Code of Lexington under the above-threshold project classification.
The applicant proposes to construct two three-story residential condominium buildings with 46 dwelling
units, including six inclusionary dwelling units. The two buildings will share one foundation with
underground parking for 83 vehicles, 11 visitor parking spaces, two (2) surface parking spaces and one
parking space designated as a loading zone. The garage also includes two bicycle storage rooms for 71
bicycles and 12 short-term bicycle parking spaces on the plaza . The
property will be accessed through two curb cuts on Piper Road with direct access to the garage for
vehicles and bicycles and another for short-term parking with access to the trash and recycling area and
the pedestrian entry plaza. The project also includes an outdoor plaza with seating
and a dog run area. Stormwater runoff will be collected by area trench drains with sumps, and directed
into an ADS Barracuda hydrodynamic separator and a subsurface infiltration system for treatment.
The project site contains two vacant lots totaling 72,273 SF (1.58 acres) on the south side of Piper Road
and was previously two single-family house lots. The property is in the RO (One Family) and the VO
(Village & Multi-Family Overlay) districts.
STATEMENT OF FINDINGS
PROCEDURAL HISTORY:
1. A Development Review Team (DRT) meeting was held on February 14, 2024, pursuant to §176-
2. The applicant held a neighborhood meeting on April 10, 2024. A summary of the neighborhood
meeting was submitted with the application as required by §176-9.2.1.
Zoning Regulations.
3. The application was submitted by Morgan Point, LLC and stamped in by the Town Clerk on April
22, 2024.
4. On May 14 and May 16, 2024, Planning Board members, Planning staff, and the applicant visited
the site of the proposed project.
5. The Planning Board caused notice of the public hearing to be published in the Lexington
Minuteman, a newspaper of general circulation in Lexington, on May 2, 2024 and again on May
9, 2024. Notice of the public hearing was posted with the Town Clerk and on the official town
website commencing on April 23, 2024 and continuing through the opening of the public hearing
on May 22, 2024. Said notice of public hearing was mailed postage prepaid to all Parties in
Interest including abutters and the Planning Boards of abutting cities and towns on April 29, 2024.
An updated public hearing notice was posted with the Town Clerk on August 26, 2024 and an
updated abutter notification mailed on August 27, 2024, and an updated notice was published on
September 5 and 12, 2024.
Major Site Plan Review Village Overlay District
5 & 7 Piper Road
October 9, 2024
Page 2 of 18
6. The public hearing opened on May 22, 2024. Continued public hearings were held on June 26,
August 14, 2024, and September 25, 2024. On June 26, the Planning Board voted to continue
the public hearing to August 14 without discussion on the request of the applicant. The hearings
were held remotely via Zoom, pursuant to MGL c. 30A §§18-25, c. 20 of the Acts of 2021, c. 107
of the Acts of 2022, and c. 2 of the Acts of 2023, further amending the extension of remote access
provisions through March 31, 2025. The Planning Board accepted public comments via Zoom,
mail, and e-mail.
7. Planning Board members Charles Hornig, Robert Creech, Robert Peters, Melanie Thompson,
and Michael Schanbacher participated in all the public hearings. The Board closed the public
hearing on September 25, 2024.
8. Planning Board members Robert Peters, Charles Hornig, Robert Creech, Melanie Thompson,
and Michael Schanbacher deliberated on the application at a meeting on October 9, 2024.
PROJECT SPECIFIC FINDINGS:
In the course of the public hearing process, the Planning Board took under advisement all information
submitted by the applicant, various municipal departments, and comments made and submitted by
members of the public. After reviewing all the plans and material filed by the applicant and its
representatives and considering the analysis, supplemental information provided during the course of the
public hearings, correspondence, and testimony from staff, the public, and from all other interested
parties, and based on §135-9.5 (Site Plan Review), §135-7.5 (Village and Multi-Family Overlay Districts),
§135-5.1.14 (Special Permit for Off-Street Parking and Loading) of the Zoning Bylaw and Chapter 176
Zoning Regulations, the Planning Board makes the following findings:
1. The Planning Board finds that the property is zoned VO (Village Overlay) and that multi-family
housing is a permitted use in the district requiring Site Plan Review pursuant to §135-7.5.4 of the
Zoning Bylaw.
2. The project proposes to add 46 new ownership dwelling units, including 17 one-bedroom dwelling
units, 24 two-bedroom dwelling units, and five (5) three-bedroom dwelling units, with 83 parking
spaces in the underground garage and two (2) surface parking spaces comprising a car share
space and an accessible space. The dwelling units range from ~1,037 SF to ~1,637 SF. Each
dwelling unit has private outdoor space with patios, roof decks, or a balcony, and each building
has shared indoor amenity space. The project also includes a shared plaza and covered
courtyard, and bicycle storage for residents and visitors.
3. Consistency with Comprehensive Plan & Housing Diversity Goals. The Board finds the project is
consistent with the 2022 Lexington NEXT
providing a range of housing types and objective 2.2 by increasing the supply of subsidized
housing.
4. Inclusionary Housing. The project includes the creation of six (6) inclusionary dwelling units (two
each of one, two, and three-bedroom dwelling units), affordable in perpetuity, available to
households earning no greater than 80% of the Area Median Income, and eligible to be included
on the Subsidized Housing Inventory (SHI). Three inclusionary dwelling units are proposed on
the first floor, two on the second floor, and one on the third floor as follows:
First Floor: 3-bedroom (1,675 SF), 2-bedroom (1,160 SF), 1-bedroom (890 SF)
Major Site Plan Review Village Overlay District
5 & 7 Piper Road
October 9, 2024
Page 3 of 18
Second Floor: 2-bedroom (1,235 SF), 3-bedroom (1,370 SF)
Third Floor: 1-bedroom (955 SF)
5. Residential Diversity. The proposed dwelling units vary in size from 955-1,637 SF and are smaller
-2024.
6. Siting of Facilities & Location. The property is located 0.4 miles from the commercial area at the
intersection of Waltham Street and Concord Avenue and 0.7 miles from the large commercial
area where Waltham Street crosses the city line. The project provides multi-family housing near
retail, institutional, and personal service uses. Lexpress travels on Waltham Street from Depot
Square to South Lexington and can stop on Piper Road upon rider request with a formal stop on
Concord Avenue at the corner of Waltham Street. The closest MBTA Bus Stop is bus #61 on
Lexington Street at Trapelo Road. The project is located near the intersection of Route 2 and
Interstate 95.
7. Provide a customer base for local businesses. The project will add 46 new dwelling units within
walking distance to local businesses on Waltham Street.
8. Sustainable Design. In compliance with the energy code and local bylaws, the building will be all
electric with four (4) EV parking spaces, designed to support future electric vehicle charging
stations, and solar ready. The lighting is LED and dark sky compliant. The new building will be
built to the Passive House standard.
9. Public Facilities, Circulation, and Safety. The applicant has agreed to provide and install a bus
shelter on Waltham Street for LEXPRESS, if the Lexington Transportation Services Department
agrees a stop at Piper Road is necessary, subject to local and any necessary state approvals.
The bus shelter shall be consistent with the Brasco bus shelter installed in Depot Park in Lexington
Center.
10. Dimensional Standards, §135-7.5.5 of Zoning Bylaw. As proposed, the project complies with the
minimum yard and setback requirements of §135-7.5 of the Zoning Bylaw with an 18.5-foot front
yard setback, 15.7-foot side yard setback, and 44.1-foot rear yard setback. The new building
complies with the maximum height limit of 40 feet and three-stories at 39.9 feet pursuant to §135-
7.5.5.10 of the Zoning Bylaw. The Building Commissioner has confirmed the height based on the
submitted height and average natural grade forms submitted, which will also be reconfirmed at
time of the building permit.
11. Ecosystem function. The landscape site analysis, tree removal and planting analysis sheet, and
landscape planting plans in the plan set revised through October 3, 2024 include saving seven
(7) prominent mature trees at the perimeter. The proposed plantings are native and listed
on Tree Management Manual or Preferred Planting List.
12. Reduce Dependency on Automobiles and efficient transportation systems and the adverse
impacts of motor vehicle transportation. This project is not expected to have adverse impacts on
the transportation system once completed. The development is located within walking distance
(half a mile) to the commercial area on Waltham Street and 0.9 miles to an MBTA bus stop with
service to Waltham Center and commuter rail. Local bus service is provided via Lexpress with a
stop on Waltham Street. The project proposes 12 short-term bicycle parking spaces and 71 long-
term bicycle parking spaces including two oversized spaces, 85 total vehicle parking spaces (83
in the garage, including 11 for visitors, and 2 surface spaces), more than the minimum 1 parking
space per dwelling unit required by §135-7.5.6 of the Zoning Bylaw. One of the surfaces spaces
Major Site Plan Review Village Overlay District
5 & 7 Piper Road
October 9, 2024
Page 4 of 18
is provided for a potential shared car program. Each of the inclusionary dwelling units will have
one deeded vehicle parking space.
13. Distance of Basement, Slab or Crawl Space from Groundwater (§135-4.5 of Zoning Bylaw and
§176-). The applicant has performed 10 test
pits to confirm the distance between the finished basement floor and the estimated seasonal high
groundwater (ESHGW) level and to verify the soil suitability. The applicant requests a waiver for
the 2-ft. separation to allow the bottom of the vehicle stacker pit to be within 2-ft. of ESHGW, by
incorporating a foundation drain and sump pump.
14. Protection of surface and groundwater quality. The project was reviewed for compliance with
above threshold project classification
and the MA Stormwater Management Standards. The Stormwater Permit is consolidated into
this site plan review, pursuant to §181, §71.
The project will collect and treat stormwater via area trench drains with sumps and roof drains
into a barracuda hydrodynamic separator and into a large subsurface infiltration system. Ten
test pits (locations identified on sheet C201) and a geotechnical analysis were performed to
confirm recharge and adequacy of stormwater systems. The analysis confirms that the 2-foot
separation is provided between the estimated seasonal high groundwater table and the bottom
of the infiltration systems but less than 2-ft. in the vehicle stack pits in the parking garage. The
project provides more than the required 60% Total Phosphorus (TP) and 90% Total Suspended
Solid (TSS) average annual load removal. The Board finds that the stormwater management
report revised through September 23, 2024 and plan set submission package as revised
through October 3, 2024 complies
15. The proposed project will involve substantial earth removal, with a total cut volume of 7,102±
cubic yards and total fill volume of 3,575± cubic yards, totaling 3,527± cubic yards of fill being
removed from the site. Site work, including rock removal is estimated to take approximately
three-four months, and is subject to Chapter 80 of the Lexington General Bylaw.
16. Social, equity, diversity, public health, or community needs and impacts. The project adds 46
ownership dwelling units, including six (6) inclusionary dwelling units, in a multi-family
development consistent with the objectives of the 2022 Comprehensive Plan and stated
purposes of the Village and Multi-Family Overlay District.
17. Adequacy of Water & Sewer Utilities: The project proposes to construct a municipal sewer main
from the project site, down Piper Road and south on Waltham Street to connect to the existing
sewer manhole on Concord Avenue. Sewer extension is required to meet municipal sewer system
design standards in Chapter 181 of Lexington including stubs to each abutting
property. An alternative option is to connect to the sewer within April Lane for which a sewer
easement capacity analysis was provided. Lexington Engineering has reviewed the preliminary
plans to extend the sewer line on Piper Road and the alternative connection through April Lane
to the project site and have determined the capacity is sufficient for the additional flow. The
applicant has provided hydrant flow tests with this application. The proposed water connections
and sewer extension will require permitting from Lexington Engineering and MassDOT.
18. Trees & Landscaping: In the plan set revised through October 3, 2024, the applicant has provided
a tree removal and replanting analysis outlining the mature trees in the setbacks proposed for
Major Site Plan Review Village Overlay District
5 & 7 Piper Road
October 9, 2024
Page 5 of 18
removal, trees proposed to be retained, and proposed trees and plantings sheets. The Landscape
Plan proposes six Acer Rubrum trees along Piper Road.
19. Signage: The project includes a standing sign to identify the property near the entrance.
20. Potential Adverse Effects of Development: The proposed lighting is dark sky compliant and the
photometric lighting plan does not show any light trespass on adjacent properties.
21.Traffic Flow and Safety, Parking & Loading: Piper Road is a public street and there are no
prohibitions relative to parking. No parking signs on one side of the road or on a portion of the
road could be considered, subject to Select Board review and approval. The project proposes 11
visitor parking spaces (two surface spaces and nine in the garage). There are 83 parking spaces
in the garage with 1 dedicated to staff parking. The applicant is requesting a special permit for
relief from §135-5.11.13.5.b for required parking spaces to be designed to move over other
spaces via automatic shuffle parking system and relief from providing the 12-foot wide parking
spaces for vehicles in the shuffle parking system.
Waiver and Special Permit Requests
The Planning Board may waive any of its Rules and Regulations if the Board finds the waiver is in the
public interest. In addition, for sites under the jurisdiction of the Planning Board, the Board may waive the
application of the Tree Bylaw, in part or in full, if it deems it appropriate. On October 9, 2024, the Board
granted the following waivers.
1. Pursuant to §120-4B of the Tree Bylaw, the Board waives the Tree Bylaw in full and no separate
tree permit is required. The Board finds the site plan review process has considered the amount of
tree loss pursuant to the Tree Bylaw, including 20 trees consisting of 162 inches protected by the
Tree Bylaw, and determines that the project is best mitigated with the landscape planting plan
submitted with this development as revised through October 3, 2024 showing tree replacement with
127 trees consisting of 297 inches, which exceeds the 162 inches required by the Tree Bylaw.
Mitigation is met through replanting on the property.
2. The Board waives the strict requirements of §176-12.9.5.3 to allow the base of the vehicle stacker
pit to be within 2-feet of the ESHGW. The applicant proposes a foundation drain and sump pump
design that passes through an oil/gas separator prior to entering into the subsurface infiltration
chambers. The peer review consultant indicates that the subsurface infiltration system as designed
can accommodate the sump pump flow. The Board finds this proposal is acceptable and condition
15 of approval below requires a detailed proposal prepared by a mechanical engineer to be
provided with the building permits.
3. The Board waives the strict requirements of §176-12.9.5.8 requiring the use of stormwater
harvesting systems, such as cisterns and ponds for plant irrigation. The Board finds the project site
has limited areas for retention ponds and cisterns would require additional rock removal. The Board
finds that a majority of the proposed plantings on the site are native species and will require less
watering.
Major Site Plan Review Village Overlay District
5 & 7 Piper Road
October 9, 2024
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4. The Planning Board, as the Special Permit Granting Authority pursuant to §135-9.4.1.1.c, grants a
special permit, pursuant to §135-5.1.14, of the requirements of §135-5.11.13.5.b to accommodate
the vehicle stacker parking system.
CONDITIONS OF APPROVAL
The Planning Board finds that the application, plans, and supporting material submitted by the applicant,
along with the following conditions of approval,
Bylaw and applicable regulations relevant to this review. Accordingly, the Planning Board votes to
approve the plan entitled 5-7 Piper Road, Lexington, MA 02421, Site Plan Submission, prepared for
Morgan Point, LLC, prepared by Patriot Engineering, EMBARC, & MDLA, dated October 3, 2024
consisting of 37 sheets, and all submitted material subject to the following conditions:
Prior to Any Site Work:
1. Prior to any site disturbance, the applicant shall submit a site-specific Stormwater Pollution
Prevention Plan (SWPPP) to the Planning and Engineering Office for review and approval. Once
approved, the SWPPP shall be kept at the project site.
2. The applicant shall submit a Tree Protection Plan prepared by an arborist certified by the
International Society of Arboriculture or through the MA Arborists Association showing protection
of all trees proposed to be retained on the project site and nearby abutting properties, and trees
within the public right of way if recommended by the arborist. The critical root zones (CRZ) of
trees to be retained shall be protected to the drip line. The applicant may choose to encroach
within the CRZ or the drip line of a retained tree; however, such proposed action shall require the
applicant to submit a maintenance plan for the tree, to be prepared, dated and signed by a
Certified Arborist as part of the Tree Protection Plan. In these instances, the fenced area may be
reduced to protect only those areas of the CRZ or drip line not proposed for encroachment. The
certified tree protection plan shall be submitted to the Planning Office for review and approval.
Pre-Construction Site Visit.
3. Prior to any land disturbance other than installing erosion controls,
the limits of work (for land clearing and regrading), erosion controls, and the tree protections shall
be reviewed in the field by the applicant and Planning staff.
Limit of Work.
4. The limit of work line shall be demarcated around the entire site. The limit of work
line shall be marked with highly visible orange fencing, chain link construction fencing, or both.
Erosion Controls.
5. Fencing for erosion controls and tree protection shall remain in place until the
completion of project construction. The erosion control and limit of work lines shall be surveyed
in place.Additional erosion controls such as silt socks and check dams may be required by staff.
Strap boards and construction fencing shall be installed around trees to be saved to demarcate a
root protection area to be equal to the larger of the drip line or six times the trunk diameter of each
identified tree within the limit-of-work and along the limit of work boundary.
6. All erosion control matting, netting and tubing shall be bio-degradable. Plastic and bio-degradable
plastic is prohibited. An adequate stockpile of erosion control materials shall be on site at all times
for emergency or routine replacement and shall include materials to repair or replace silt socks
filled with compost, bio-degradable natural fiber erosion control blankets without any plastic
components, stone riprap, filter berms, or any other devices planned for use during construction.
Major Site Plan Review Village Overlay District
5 & 7 Piper Road
October 9, 2024
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Noise Mitigation.
7. If noise from
(c. 80), the applicant shall submit to the Building Commissioner, prior to exceeding the seven-day
limit, a noise mitigation plan prepared by a noise consultant pursuant to
§80-8 of the Code of Lexington, as revised through 2024 Annual Town Meeting. The noise
mitigation plan shall include monitoring provisions and monitoring data reporting by a professional
noise consultant. Construction is limited to the hours outlined in the c. 80-4 and §A shall be
expanded to include Rosh Hashanah and Yom Kippur as legal holidays where work is not
permitted.
Blasting.
8. If blasting is required, the applicant is responsible for compliance with c. 80 of the
Lexington General Bylaws for Noise Control, which limits blasting and use of power equipment
used for ledge removal to weekdays only between 9:00 am and 5:00 pm and excludes Saturdays,
Sundays, and legal holidays including Rosh Hashanah and Yom Kippur. The applicant shall follow
the recommendations stated within Section 6.4 Bedrock Excavation of the McPhail geotechnical
report and submit a blasting plan for protection of adjacent developed properties. Per §65.9.8.3
of 527 CMR 1.00, the blast design plan must consider the effects of blasting on adjacent
properties, and describe the design of the initial blasts and all the necessary safety precautions
that will be taken, including the recommended perimeter for monitoring during blasting.
Figure 3 of the McPhail geotechnical report shall be updated to show the latest proposed building
foundation. In addition to following the McPhail Geotechnical recommendations, the applicant
shall fund pre- and post-blasting inspections by an impartial third-party expert in such matters.
Per §65.9.15 of 527 CMR 1.00 (Pre-blast Inspection Surveys) when blasting takes place within
250 feet of a property not owned or controlled by the project, a free survey of structural condition
must be offered to the property owner.
9. The applicant shall submit to the Planning and Building Offices a list of the names, addresses,
and emergency contact telephone numbers and email addresses of the individuals responsible
for all activities on site who can be reached twenty (24) hours a day, seven days a week. This list
shall include a specific contact for monitoring and inspection of stormwater systems and erosion
controls.
10. The applicant shall submit a rodent and pest management plan to the health department.
11. The applicant is responsible for submitting fully designed water and sewer utility connection plans
with profile sewer drawings to Lexington public works/engineering division and for the sewer work
right-of-way on Waltham Street or of the determined route should the connection be
through April Lane or the Temple Emunah property. The applicant is responsible for any required
sewer and water capacity analysis required by Lexington engineering. The sewer permits in
Waltham Street and Piper Road shall be designed as a sewer main meeting Town Standards.
12. The applicant shall provide peak flows from the April Lane development as well as added flows
13. If a sewer connection is through either April Lane or Temple Emunah, an easement is needed.
The applicant shall submit draft of any sewer easement to the Planning Office for review prior to
executing the easement.
Major Site Plan Review Village Overlay District
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October 9, 2024
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Prior to Issuance of Foundation Permit
:
14. The applicant is responsible for submitting fully designed water and sewer utility connection plans,
and any required capacity analysis, to Lexington public works/engineering and for the sewer work
Prior to issuance of a foundation permit, the applicant shall
submit to the Planning Office and to the Building Commissioner approved permits for the sewer
and water utilities from local departments and any MassDOT sewer permits. Water and sewer
permit state and local approvals are required prior to the first foundation and first building permit
for this project.
15. The applicant is responsible for the construction of all utilities for this development. Milling and
overlay curb to curb will be required on Piper Road after the construction of the sewer line. The
sewer main will be owned by the town once completed. Stubs for each property to tie into will be
required and detailed in a final as-built plan.
16. If the applicant has obtained all necessary state and local permits for the utility connections, the
Planning Board may accept a performance guarantee that is sufficient to secure performance of
construction of the installation of municipal services. The Planning Board will determine if the
monetary amount is sufficient sum to cover the cost for construction completion including inflation.
17. A mechanical engineer shall submit final design plans for the pumping system prepared for the
vehicle stacker pits for any located within 2 feet of the ESHGW to the Building Commissioner for
review and approval.
18. The applicant shall submit an Approval Not Required (ANR) Plan to the Planning Board to
combine the lots into a single parcel.
Inclusionary Dwelling Units
19. . The applicant shall hire a certified lottery agent to manage the
Inclusionary Dwelling Units described above through the Local Initiative Program (LIP) as a LAU
(Local Action Unit) for inclusion on the Subsidized Housing Inventory (SHI).
Prior to first Building Permit:
Inclusionary Dwelling Units.
20. The applicant shall submit the LIP-LAU (Local Initiative Program
for Local Action Units) application package to Planning staff and the Regional Housing Services
Director for review and approval prior to issuance of the first building permit. The application shall
then be submitted to the Housing Partnership Board Chair, the Chair of the Select Board, and
finally to the MA Executive Office of Housing & Livable Communities (EOHLC). The LIP-LAU
package shall include:
a. A project narrative;
b. The unit mix in tabular form;
c. The approved site plan;
d. Floor plans with dimensions of the rooms;
e. An Affordable Fair Housing Marketing Plan per EOHLC guidelines;
f. A sales price/rate calculator;
g. Condominium details (master deed condominium association documentation);
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October 9, 2024
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h. A Regulatory Agreement with perpetual affordability.
i. Inclusionary dwelling units shall be available to households earning no greater than 80%
of the AMI; and
j. Parking for the inclusionary dwelling units shall be in the garage.
21. The applicant shall coordinate a meeting with engineering, public safety, and assessing staff to
determine address assignments. Town Staff will create new addresses and notify applicant of
when final address assignments are created in the systems.
22. The applicant shall submit to the Building Commissioner s demonstrating
that the buildings do not exceed 40 feet or three-stories in height.
During Construction and Site Development
23. The project shall be constructed substantially in conformance with the approved plans -7 Piper
by Patriot Engineering, EMBARC, & MDLA, dated October 3, 2024 consisting of 37 sheets.
24.. A copy of this decision shall be kept on the site in a location that is highly visible, protected from
the elements, and accessible during construction.
25. A professional land surveyor or engineer shall be on-site during construction to locate utilities
prior to backfill.
26. Planning staff or other agents of the Planning Board shall have the right to enter the site with
notification to the Owner to gather any information, measurements, photographs, or other
materials needed to ensure compliance with this decision. Agents of the Planning Board entering
onto the Site for these purposes shall comply with all safety rules, regulations, and directives of
the applicant and the applicant's contractors.
27. No equipment on-site shall be started prior to the start of the allowed construction hours outlined
in the Noise Control General Bylaw, Chapter 80 of the Code of Lexington, amended at 2024
Annual Town Meeting and as may be further amended, including hours of operation for
construction work and any work related to ledge work or blasting.
28. Trucks shall not stand or queue on Piper Road. Construction and personal vehicles shall park on
the project site and shall not park on streets. The applicant shall install signage as shown on plan
set, indicating to any construction-related vehicles that they cannot enter onto an abutting
property, including the Temple Emunah property, at any point during construction.
29. The applicant shall perform daily cleanup of construction debris, including soil on streets within
two hundred (200) yards from the entrance of the site driveways caused by construction relative
to the Project. Any debris or sediment shall be removed from any town drainage structure within
24 hours.
30. The applicant shall check all stormwater features prior to and at the end of each construction day.
In the event a multiple day storm event occurs, the project manager shall check the stormwater
features each day to ensure they are functioning properly and have not exceeded their capacity.
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October 9, 2024
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Any necessary repairs, adjustments, or deficiencies that are identified shall be commenced
immediately and completed promptly.
31. The applicant shall provide appropriate straw bales or organic hessian fabric burlap filled with
compost erosion control around material stockpiles. The use of haybales and plastic stabilization
netting is prohibited.
32. Dust shall be minimized, controlled, and managed on site in accordance with accepted industry
standards with potable water. Calcium Chloride shall not be used for dust control.
33. The applicant shall repair or replace to Town standards any damage caused to the public street,
sidewalk, or any features in the public right of way after approval by public works.
34. The applicant shall designate a qualified professional civil engineer (PE), or Certified Professional
in Erosion and Sediment Control (CPESC), to act as an erosion control monitor and to oversee
compliance with this decision at the site. The erosion control monitor shall alert the site
superintendent if any of the erosion control devices need to be adjusted. The name and phone
number of the erosion control monitor must be provided to the Planning Office so that this person
may be contacted, due to an emergency at the site, during any 24-hour period, including
weekends and holidays. This person shall be given authority to stop construction for
noncompliance with this decision, especially in regards to erosion control and wetland protection.
The erosion control monitor will be required to inspect all such erosion control devices and to
oversee the cleaning and the proper disposal of waste products. Cleaning shall include removal
of any entrapped silt and sediments every 72 hours or more frequently if needed and after any
rainfall of 0.25 inches or greater. Weekly monitoring reports shall be submitted to the Planning
Office.
35. At least once every week and after major storm events (events greater than 0.25 inches within 24
hours) while construction activities occur on site and for as long thereafter that the ground remains
unstabilized, a report, with representative photos, shall be submitted to the Planning Office from
the erosion control monitor certifying that, to the best of their knowledge and belief based on site
inspections, all work is being performed in accordance with this decision and, if not in compliance,
stating the activities that are not in compliance and the steps necessary to correct the problem.
General Provisions
36. All construction activities relative to this decision shall comply with the Zoning Bylaw, Planning
Board Zoning Regulations, General Bylaws, and other municipal requirements except as
specifically modified or waived by this decision.
37. No material corrections, additions, substitutions, alterations, or changes shall be made in any
plans, proposals, and supporting documents approved and endorsed by the Planning Board
without the prior written approval of the Planning Board or their designee. Any request for a
material modification of this decision shall be made in writing to the Planning Department for
review and approval by the Planning Board or their designee and shall include a description of
the proposed modification, reasons the modification is necessary, and any supporting
documentation. Upon receipt of request, the Planning Department may, in the first instance,
decide in writing to authorize a de minimus field change to the site plans, or the Planning Director
may refer the matter to the Planning Board, which may consider and approve minor modifications
at a regularly scheduled Planning Board public meeting. In the event the Planning Board
Major Site Plan Review Village Overlay District
5 & 7 Piper Road
October 9, 2024
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determines the change is major (e.g., resulting in material changes, newly identified impacts, etc.),
the Planning Board shall consider the modification at a noticed public hearing pursuant to the
procedures for Site Plan Review in §135-9.5.4.
38. No trees shall be removed except as shown on the approved plan. Trees to be retained shall be
protected in the field during construction in compliance with the approved tree protection plan.
Any request for substantial changes may need to return to the Planning Board as a modification
request at a public meeting.
39. In the event that the site plan review or special permit is not exercised or substantial use thereof
has not commenced within three (3) years of the date of approval, except for good cause as
determined by the Planning Board, the approval or permit may be rescinded. The applicant may
request an
40. The applicant shall obtain any other permits or approvals that may be required by other town,
state, or federal entities.
Occupancy Timing
41. The applicant shall submit written confirmation that the project is consistent with the approved
LAU-LIP application package and verifying that the inclusionary dwelling units are substantially
similar to the market rate dwelling units. This shall be submitted to the Planning Office and
Building Commissioner for review and confirmation prior to occupancy of the inclusionary dwelling
units.
42. A copy of the approved and Registry recorded Regulatory Agreement for the inclusionary dwelling
units shall be submitted to the Planning Office prior to occupancy of any of the market rate units.
43. The lottery for the inclusionary dwelling units shall be held prior to an occupancy permit for the
th
15 market rate unit in the development.
44. The applicant shall submit to the Planning Office staff the Condominium Association Documents
and the Master Deed incorporating the ongoing conditions of this permit and which also include
the following:
a. Trash and recycling for all units in the development shall be by private removal.
b. Dwelling units are subject to the Zoning Bylaw, including restrictions on short-term rentals
pursuant to §6.10.3.2.iii of the Zoning Bylaw.
c. Owners shall remove snow from all driveways and walkways. The use of calcium chloride
or road salt is prohibited for snow removal and de-icing.
d. Owners are responsible for maintenance of the stormwater management facilities as
detailed in the approved long-term Operation & Maintenance (O&M) Plan, including
allocating an annual budget for maintenance and annual certification of maintenance
tasks.
e. Owners are responsible for the maintenance of all landscaping as shown on the approved
plan.
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f. Condominium Association fees shall be based on the fair market value of the units, which
shall include a reduced contribution for the inclusionary dwelling units.
g. Occupants of the inclusionary dwelling units shall have the same access to the common
areas as the other occupants of the development.
h. Exterior lighting, other than low level security lighting, shall be turned off between 11:00
pm and 6:00 am.
45. All landscaping and plantings shall be installed prior to the occupancy permit for the last dwelling
unit. If occupancy is expected in the winter months, plantings shall occur in the first available
growing season (between April 15-June 30 and September 15-November 30).
46. When any inclusionary dwelling unit receives an occupancy permit, the applicant shall notify the
Planning Office staff and Regional Housing Services Director so it may be added to the SHI.
Prior to Final Certificate of Occupancy:
47. The certifying professional engineer shall perform a final inspection of the site and submit written
documentation to the Planning Office that a final inspection was performed, temporary controls
have been removed, stabilization is complete, all stormwater facilities have been installed and
function according to the approved stormwater management plan, and that the project was
completed as designed.
48. The applicant shall submit a sign permit application consistent with §135-5.2 of the Zoning Bylaw
with prior administrative approval from Planning Office staff. The standing sign shall be externally
illuminated with lighting directed downward.
49. The final master deed and condominium association documents shall be submitted to the
Planning Office
50. A final O&M Plan revised to incorporate any modifications shall be submitted prior to final
occupancy, if any modifications were made during construction.
51. The applicant shall provide the Planning Office with an "As-Built Plan" stamped by a Professional
Engineer or Land Surveyor registered in Massachusetts certifying that all improvements are
completed in accordance with the approved plans. The as-built plan shall be submitted in
electronic formats (PDF and AutoCAD) to the Planning Office for review. The plan shall include,
but not be limited to, site utility improvements and tie-in dimensions to all pipes and connection
points, fencing, landscaping, all roads, ways, and structures. The as-built information shall be
submitted to the Planning Office a minimum of fourteen (14) business days in advance of the
applicant seeking a final Certificate of Occupancy sign-off to allow time for the staff to review and
approve the submitted information.
On-Going & Continuous
52. Any exterior condensers, transformers, and generators shall be enclosed by an opaque fence for
noise buffering. Such a fence shall be tall enough to prevent direct line of sight to the mechanical
unit from any windows or doors on abutting properties.
53. Any maintenance testing of the generator shall take place mid-day and mid-week to reduce noise
impacts.
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54. The Inclusionary Dwelling units
Housing Inventory (SHI), and available to households earning no more than 80% of the Area
Median Income.
55. The owners shall arrange for private removal of trash and recycling. Empty trash and recycling
receptacles shall be removed within 12 hours after collection.
56. The owners shall remove snow from all driveways and walkways. The use and storage of calcium
chloride or road salt is prohibited for snow removal and de-icing.
57. All dwelling units, including market rate units and inclusionary units, are subject to the Zoning
Bylaw, including prohibition and restrictions on short-term rentals pursuant to §135-6.10.3.2.iii.
58. The inclusionary dwelling units shall have annual verification by the monitoring agent (the Town
through the Regional Housing Services Office and the EOHLC).
59. Maintenance of the landscaping in accordance with the final approved landscape plan revised
shall be perpetual, with the owners replacing in kind any landscape that does not survive
throughout the life of the project. Any plantings that do not survive shall be replaced in the first
available growing season (between April 15-June 30 and September 15-November 30).
60. The stormwater systems shall be monitored and maintained by the owners in accordance with
the approved post construction Operation & Maintenance Plan (O&M Plan), including annual
certification and pavement sweeping at least two times per year. The Planning Board or
Stormwater Agency may require that the owners make corrections or improvements to the
stormwater system if it is found not to be performing based on storm conditions.
61. Exterior lighting, other than low level security lighting, shall be turned off between 11:00 pm and
6:00 am.
62. If the person or contact information for the person responsible for annual certification and
implementation of the stormwater system changes, the Planning Office shall be notified in writing
within 48 hours with the contact information of the new person or party that will be responsible.
RECORD OF VOTE
On October 9, 2024, the Planning Board voted five (5) in favor, none (0) opposed, to approve a
Major Site Plan Review and Special Permit with conditions at 5-7 Piper Road.
Charles Hornig Aye
Robert D. Peters - Aye
Robert Creech Aye
Michael Schanbacher - Aye
Melanie Thompson Aye
Michael Schanbacher, Chair Approval: _ Date: October 10, 2024_____
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October 9, 2024
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EXHIBITS
The applicant has filed with the Planning Board various plans and reports required under the Lexington
Zoning Bylaws and Planning Board Zoning Regulations. During the course of the public hearing review
process, the following materials were submitted to the Board by the applicant, various municipal
departments, and the public. This material is hereby incorporated into this decision by reference.
Neighborhood Information Session- Public Comments
consisting of 3 pages, dated April 11, 2024.
consisting of 3 pages.
Project Overview Statement prepared by Morgan Point, LLC.
DRT Summary Response prepared by Morgan Point, LLC, dated April 16, 2024, revised May 13, 2024.
Major Site Plan Review Checklist, prepared by Phil Porter, Morgan Point LLC, consisting of 5 pages,
revised July 9, 2024.
Site Plan Review Design Regulation Checklist, prepared by Phil Porter, Morgan Point LLC, consisting of
23 pages, revised July 9, 2024.
Construction Management Plan, prepared by Morgan Point LLC, consisting of 2 pages.
Stormwater Management Report and Calculations for a site sensitive development at 5-
prepared by Patriot Engineering, dated April 12, 2024, revised July 21, 2024, September 9, 2024,
September 21, 2024, and September 23, 2024 (358 pages).
LEED v4 for Building Design and Construction: Homes and Multifamily Low rise dated April 8, 2024.
-7 Piper Road-
revised July 22, 2024.
-7
h appendix (45 pages).
-7 Piper Road Lexington, MA 02421, April 12, 2024 Site
isting of 37 pages dated April 12, 2024, revised July 22, 2024, revised
September 9, 2024, sheets revised through September 23, 2024, and final revised plan set dated October
3, 2024.
Sites v2 Scorecard dated April 12, 2024 consisting of 6 pages.
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Inclusion
Morgan Point, LLC., revised August 5, 2024.
-7 Piper Road-
envienergy, dated April 12, 2024, revised May 14, 2024
Firetruck turning templates for 5-7 Piper Road Site Layout Sheet C200, prepared by Architect EMBARC,
April 12, 2024.
-
LLC.
PLAN-24-7 Application stamped by Town Clerk on April 22, 2024.
Disclosure of Appearance of Conflict of Interest from Michael Schanbacher pursuant to G.L.c. 268A,
§23(b)(3), submitted to the Town Clerk on May 13, 2024
Request for continuance and extension for construction approval date from Philip Porter, Morgan Point
LLC to the Lexington Planning Board, dated June 20, 2024, submitted to the Town Clerk on September
23, 2024.
Staff Memo from Planner Meghan McNamara to Lexington Planning Board, dated May 15, 2024.
Regional Housing Services Office (RHSO) memo for Inclusionary Dwellings dated May 15, 2024, revised
August 5, 2024
Peer Review Memo from PSC Professional Services Corporation, PC to Lexington Planning Board, dated
May 10, 2024 (26 pages).
Quitclaim deed dated October 26, 2022.
Hydrant Flow Test letter prepared by Xcel Fire Protection dated November 30, 2023.
Peer review memo from PSC Professional Services Corporation, PC to Lexington Planning Board, dated
August 2, 2024 (36 pages).
Peer Review Memo response letter for multi-family residential development, prepared by Michael Novak
of Patriot Engineering consisting of 69 pages dated July 21, 2024, revised September 7, 2024.
Staff memo from Planner Meghan McNamara to Lexington Planning Board, dated August 9, 2024.
22, 2024, revised September 9, 2024.
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Responses to Staff Memo and Board Comments dated August 6, 2024, revised September 9, 2024.
Proposed Plot Plan, prepared by Patriot Engineering, prepared for Morgan Point LLC, dated July 31,
2024.
Exterior Elevations for 5-7 Piper Road prepared by EMBRAC, dated September 9, 2024 (4 sheets).
Average Natural Grade Worksheet
Sanitary Capacity Letter prepared by Patriot Engineering dated November 6, 2023, revised September
9, 2024.
Roof coverage sketch Sheet A100, dated September 9, 2024, submitted on September 16, 2024.
Memorandum from Mark Bartlett of PSC to Lexington Planning Board, dated September 18, 2024,
revised peer review memo from Mark Bartlett of PSC dated September 22, 2024.
Revised truck turning layout sheet S203 prepared by Patriot Engineering, revised September 20, 2024
sheet Site Distance/Truck Access.
Memorandum from Lexington Engineering to Planning Director, Planning, Subject: 5-7 Piper Road Water
& Sewer Connection Comments, dated September 18, 2024.
Memorandum from Meghan McNamara, Planner to Lexington Planning Board, dated September 20,
2024.
Response to comments from Patriot Engineering dated September 21, 2024 response to peer review
comments, subject: abbreviated response to comments from September 18 Memo from PSC.
Revised civil plan sheets dated September 20, 2024 Sheet C101, C200, C201, C202, C203, C204, C300,
C306.
submitted on September 23, 2024.
Peer review memo from PSC Professional Services Corporation to Lexington Planning Board, dated
September 24, 2024.
Submitted written public comments:
1. Electronic Mail from Nihad Mamdouh to Planning Board, Subject: 5-7 Piper Road, dated May 12,
2024.
2. Electronic Mail from Linna Ettinger to the Lexington Planning Board, Subject: 5-7 Piper Road Site
Plan Review Written Comments from Temple Emunah, with an attached letter (2 pages) dated
May 13, 2024.
3. Electronic Mail from Ed and Ann Danielson, Subject: 5-7 Piper Road dated May 15, 2024
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4. Electronic Mail from Gabor Papp to Planning Board, Subject: 5-7 Piper Rd application- Concerns/
objections (inline) dated May 15, 2024 (2 pages).
5. Electronic Mail from Gabor Papp to Planning Board, Subject: 5-7 Piper Rd application
concerns/objections (PDF attachment) (3 pages).
6. Electronic mail from Joe Lei to Planning Board, Subject: Proposed Revision to 5-7 Piper Road
construction plan dated May 16, 2024.
7. Hand delivered mail from John K. Weiser to the Lexington Planning Board, Subject: 5-7 Piper Rd
major Site Plan Review dated May 16, 2024 with 9 attachments of 8X10 inch Photographs (13
pages).
8. Electronic Mail from Tamar Finan to the Lexington Planning Board, Subject: 5-7 Piper Rd dated
May 16, 2024.
9. Electronic Mail from Tom Shiple to Planning Director, Subject: comments from LBAC on 5 Piper
and 89 Bedford applications dated May 16, 2024 (2 pages).
10. Electronic Mail from John Weiser to Planning Director, Subject: 3 Piper Rd Parking Issue 5-7
Piper Letter to PB dated May 20, 2024.
11. Letter from John Weiser dated May 16, 2024 with photo attachments (13 pages).
12. Electronic Mail from David Lees, Subject: Comments for June 5, 2024 meeting, dated June 3 ,
2024.
13. Electronic Mail from David Towers to Planning Board, Subject:5-7 Piper Road- Village & Multi-
Family Site Plan Application, dated August 3 , 2024.
14. Electronic Mail from Cerise Jalelian to Planning Board, Subject: 91 Bedford/ August 14,2024
Hearing/ Jalelian Letter, dated August 5 , 2024.
15. Electronic Mails from John Weiser to Planning Director, Subject: Re- 5-7 Piper Rd: Wed Aug.14
Planning Board Zoom Meeting dated August 12, 2024.
16. Letter from Arleen Chase on behalf of Temple Emunah to the Lexington Planning Board, along
with a letter to the Planning Board and pictures of trespass of truck from 5-7 Piper Rd, dated July
12, 2024.
17. Letter from Rabbi David Lerner to Planning Board, Subject: letter from Rabbi David Lerner of
Temple Emunah 2 5/7 Piper Road, dated August 13, 2024, received August 14, 2024.
18. Electronic Mail from Kunal Botla, Chair Transportation Advisory Committee to Planning Board
Chair, with an attachment Subject: 89 Bedford Street, 231 Bedford Street, and 5-7 Piper Road
Comments Transportation Advisory Committee, dated June 12, 2024.
19. Electronic Mail from Nihad Mamdouh, Subject: 5-7 Piper Road, dated September 7 , 2024
20. Electronic Mail from Susan Rubenstein, Subject: letter from Rabbi David Lerner of Temple
Emunah 2 5/7 Piper Road, dated September 10, 2024.
21. Photograph of truck at Temple property, June 26, 2024.
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